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Louisiana's Planned Community Act reached existing HOAs on January 1, 2026

Louisiana's Planned Community Act reached existing HOAs on January 1, 2026
Louisiana · Legislation

Louisiana's Planned Community Act reached existing HOAs on January 1, 2026

What happened. The statute that governs Louisiana homeowners associations is not the one most Louisiana boards think it is. On January 1, 2026, the Louisiana Planned Community Act became effective for planned communities whose declarations were filed for registry on or before December 31, 2024 — which is to say, for practically every association in the state.

The Act itself is not new. It was enacted as Act 158 of the 2024 Regular Session, on the recommendation of the Louisiana State Law Institute, and it took effect on January 1, 2025 for declarations recorded on or after that date. What arrived in January 2026 was the second half of a two-stage switch written into the Act's own final section.1

The two dates, in the Act's own words

“Section 3. (A) This Act shall become effective on January 1, 2025, except as otherwise provided by this Section, and shall apply to declarations establishing planned communities filed for registry on or after that date.
(B) For planned communities established by a declaration or similar document filed for registry on or before December 31, 2024, this Act shall become effective on January 1, 2026.”

There is a trap in how this is published. The credits line the Legislature prints at the foot of each of the fifty sections reads only “Acts 2024, No. 158, §2, eff. Jan. 1, 2025.” It does not carry the Section 3(B) carve-out. The only place the split appears in the codified law is a note on Civil Code article 783: “Acts 2024, No. 158 effective in part Jan. 1, 2025, effective in part Jan. 1, 2026.”2 A reader who checks the statute rather than the Act will get the applicability date wrong.

What replaced what

The Legislature's own Résumé Digest states the scale of the change in two sentences:

“Prior law (R.S. 9:1141.1-1141.9) provided for the La. Homeowners Association Act.”
“New law (R.S. 9:1141.1-1141.50) creates the La. Planned Community Act modeled after the 2008 Uniform Common Interest Ownership Act.”

Nine sections became fifty. Louisiana went from one of the thinnest community-association statutes in the country to a full common-interest code covering meetings, voting, records, budgets, assessments, fines, board composition, insurance, amendment thresholds and lien enforcement.3

It does not reach condominiums

One boundary is explicit. R.S. 9:1141.3(B)(1): “This Part shall not apply to condominium property governed by the provisions of Part II of this Chapter.” Louisiana condominiums remain under the Louisiana Condominium Act, R.S. 9:1121.101 et seq., which the 2025 and 2026 sessions left untouched.4

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How much of it actually binds an older association

This is the question that decides whether the Act matters to a given community, and the answer is layered rather than simple.

Three subsections of R.S. 9:1141.3 protect what a pre-2025 declaration already says:

“A. … However, this Part shall not be construed to affect the validity or superiority of any provision of a community document filed for registry prior to January 1, 2025.”
“G. This Part shall not require an association existing prior to January 1, 2025, to amend or change its organizational structure or its community documents.”
“H. Nothing in this Part shall require a planned community in existence prior to January 1, 2025, to alter its previously established method of amending community documents or calculating and voting on assessments.”

The Law Institute's Revision Comments — 2024, printed with the Act, put it more bluntly still:

“This Act applies to newly formed planned communities. This Act is not intended to require existing planned communities to alter their community documents, their method of preparing budgets, or their method of allocating assessments. This Act applies to existing planned communities only if, and to the extent that, their community documents fail to address matters covered by this Act.”

So the working rule for an older Louisiana community is: your recorded documents still govern, and the Act fills the gaps.

The drafting wrinkle worth knowing

The old Homeowners Association Act said the suppletive rule out loud. Its R.S. 9:1141.3(A) ended with a sentence that Act 158 struck: “Only to the extent the community documents are silent shall the provisions of this Part apply.” Compare the enrolled Act, where that sentence appears in unbolded type — the Act's coding note explains that “[w]ords which are struck through are deletions from existing law; words in boldface type and underscored are additions” — against the codified section today, which no longer contains it.1

The suppletive principle therefore now rests on the structure of subsections (A), (G) and (H) and on the Revision Comments, not on an express statutory sentence. That is a thinner footing than it was, and it is the condition most likely to change the answer in a contested case.

A Louisiana appellate court has already adopted the gap-filling reading

In Horton v. Savannah Place Homeowners' Association, No. 56,945-CA (La. App. 2 Cir. 7/15/2026), the Second Circuit described the hierarchy directly:

“The statutory scheme established by the newly enacted LPCA makes clear that community or governing documents, such as the Declaration in the case sub judice, prevail and act as the force of law between the parties, except to the extent that the documents are silent. La. R.S. 9:1141.3, 2024 Rev. Comm.”

Note what the court cited: the Revision Comments, not a subsection. That is consistent with the deletion described above.5

One question the record does not answer

Act 158 also rewrote Part III of the same Chapter — R.S. 9:1145 through 1148, the demand-and-privilege machinery — and Part III reaches condominium associations by its own terms, since R.S. 9:1145(A) applies to “associations, including associations organized in accordance with R.S. 9:1123.101 or 1141.19.” Section 3(B) of the Act delays the effective date only for “planned communities.”

Whether that delay also postponed the Part III rewrite as applied to condominium associations is not answered by the text of Section 3, and the Legislature's Résumé Digest says only that “[n]ew law provides for special effective dates.” We flag it as unresolved rather than picking a side.

What to watch next

Two things. First, the Law Institute's Common Interest Ownership Regimes Committee — the same committee, with the same Reporter, that produced Act 158 — told the Legislature in April 2026 that it has finished a companion review of the Condominium Act and hopes to recommend legislation in the 2027 Regular Session. Second, the 2027 session is an odd-year fiscal session, so a community-association bill has to ride the constitutional prefiling exception.

Related Louisiana HOA Topics

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  1. Act No. 158, 2024 Regular Session (SB 23) — enrolled Act text, 64 pp., including Section 3 effective dates and the 2024 Revision Comments
  2. La. Civ. Code art. 783 — with the note recording that Act 158 is “effective in part Jan. 1, 2025, effective in part Jan. 1, 2026”
  3. Résumé Digest, Act 158 (SB 23), 2024 Regular Session — Louisiana Legislature
  4. La. R.S. 9:1141.3 — Applicability (Louisiana Planned Community Act)
  5. Horton v. Savannah Place Homeowners’ Ass’n, No. 56,945-CA (La. App. 2 Cir. July 15, 2026) — slip opinion

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